use of tree stands on public land

[duff]

A topic on public land and hunting out of someone elses tree stand.

If I walk into an public hunting area and find a stand that is not mine. Can I hunt out of it legally, not questioning the ethics of it?

Next question, if there are no legal obligation telling me I can't hunt in another person's stand on public land would it be hunter harassment if they were forcing me out of the spot after I was already there?

Thanks

[morrison]

By hunting from another person's stand without their permission, you could be interfering with the owners use, control, possession, and enjoyment of their property. The interference could be considered conversion of property.

If they ask you to get out of their stand, they would not be committing hunter harassment. Due to what I explained in the response above, conversion is an illegal act and you would not be legally hunting while committing an illegal act. However, if you refused to get out of their treestand so they could legally hunt, you are now interfering with their legal pursuit of game.


IC 35-43-4-3 Conversion
Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.

IC 14-22-37-2 Violations
Sec. 2. (a) A person who knowingly or intentionally interferes with the legal taking of a game animal by another person with intent to prevent the taking commits a Class C misdemeanor.
(b) A person who knowingly or intentionally:
(1) disturbs a game animal; or
(2) engages in an activity or places an object or substance that will tend to disturb or otherwise affect the behavior of a game animal;
with intent to prevent or hinder the legal taking commits a Class C misdemeanor.
(c) A person who knowingly or intentionally enters or remains:
(1) upon public land; or
(2) upon private land without permission of the owner or the owner's agent;
with intent to violate this section commits a Class C misdemeanor.